Puget Sound Iron Co. v. Worthington
Washington Territory
Error, to Third Judicial District, holding terms at Port Townsend. A special appearance was made by the defendants in error, accompanied by a motion to dismiss because no notice of appeal had been given, and because there had been no assignment of errors.
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Error, to Third Judicial District, holding terms at Port Townsend. A special appearance was made by the defendants in error, accompanied by a motion to dismiss because no notice of appeal had been given, and because there had been no assignment of errors. The motion was principally based on the fact that the journal of the lower Court showed the record of the notice of appeal prior in place to the entry of the judgment sought to be reviewed, although both entries were of the same day; and the further fact that in the certificate of the clerk of the District Court attached to the transcript,…
1Opinion of the Court
Opinion by
Turner, Associate Justice.
The appellees move to dismiss this appeal, which was taken under the Appeal Act of 1883, because :
1. No notice of appeal from the final judgment in this cause, or from any judgment therein, was ever given or served.
2. No notice of assignment of error has been made or served.
*4781. The record'shows that notice of appeal was given by the appellant in open Court and entered upon the journal of the Court, as required by the Act of 1883. This notice was given on the same day that the judgment was pronounced, but its entry upon the journal precedes the entry of…
2Cases cited2 opinions
- Goddard v. BinneyMassachusetts Supreme Judicial Court · 1874
- O'Neil v. New York & Silver Peak Mining Co.Nevada Supreme Court · 1867
3Cited by1 opinion
- Howatt v. ClarkWashington Supreme Court · 1920